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Departmental Policies

Dáil Éireann Debate, Wednesday - 27 May 2026

Wednesday, 27 May 2026

Questions (72)

Shane Moynihan

Question:

72. Deputy Shane Moynihan asked the Minister for Enterprise, Tourism and Employment the extent to which his Department has considered the impact of the timing of Employment Regulation Order increases on businesses; if consideration has been given to aligning such increases with the start of the calendar or financial year; and if he will make a statement on the matter. [40389/26]

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Written answers

Joint Labour Committees (JLCs) are independent in the exercise of their functions. Once a JLC adopts proposals for an Employment Regulation Order (ERO) for a sector, it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy is presented to the Minister for decision.

Accordingly, the timing and phasing of any proposed increases under an Employment Regulation Order are matters for the relevant Joint Labour Committee (JLC) which comprises representatives of both employers and workers with an Independent Chairperson.

Importantly, under legislation, the Minister's role in the ERO process is clearly defined. "As soon as practicable" after receiving a copy of the proposals from the Labour Court, where the Minister is satisfied that Sections 42A and 42B of the Industrial Relations Act 1946 (as amended) have been complied with, and where the Minister considers it appropriate to do so, the Minister will make an Employment Regulation Order giving effect to the proposals; or should such an Order be refused to be made, the Minister notifies the Court as to the reasons why.

Accordingly, the timing for the coming into force of pay increases under an ERO are primarily driven by timelines operated to by the relevant Joint Labour Committee and then the Labour Court, with the Minister obliged to decide on each ERO presented to him as soon as is "practicable" thereafter.

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